Court upholds denial of permit for multi-message sign based on spacing restrictions  

Topic: Outdoor Advertising, Decided by: Judge Barnes 
Docket Number: 2215671 , Decision Date: August 17, 2022 
Attachment: Click here to download the decision. 
Attachment: Click here to download the decision on appeal. 

In affirming the denial of an outdoor advertising permit, the Court concluded the proposed location for the multi-media message sign in question—near the intersection of Ga. 53 and Ga. 400—would fall within 5,000 feet of already-permitted multi-message signs, which is prohibited by law.  The advertising company had argued that, since the spacing restriction only applies to signs “on the same side of the highway,” it was inapplicable here because its sign would be adjacent to Ga. 53 while the existing signs were adjacent to a different roadway, Ga. 400.  The Court rejected this argument, instead finding that the company’s sign would be less than 660 feet away from Ga. 400; thus, under controlling law, the sign would be considered located on Ga. 400 and thus “on the same side of the highway” as the other two signs.

Upheld on agency review.

Upheld on judicial review in Superior Court of Dawson County, Case No. 2022-cv-0425.  Click on the link above for the superior court’s order.

Update as of 5/16/2024: Remains on appeal before the Court of Appeals, case no. A24A0100.

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